tag:www.shankmanlegal.com,2013-03-21:/blog/819382019-01-24T18:10:35ZMovable Type Enterprisetag:www.shankmanlegal.com,2019:/blog//81938.35961682019-01-24T18:11:35Z2019-01-24T18:10:35Z
If you’re going through a divorce and have children, you know that deciding parental rights and responsibilities can be one of the more contentious aspects between soon-to-be-ex-spouses. You’ve also likely heard the phrase “best interest of the child”.

Best interest refers to the factors a court will look at to determine parental rights and responsibilities between parents.

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Parental rights and responsibilities

In Maine, to reduce potential conflict between parents, what used to be referred to as child custody is now called parental rights and responsibilities. Parental rights can be shared between both parents or granted to one parent. How a judge decides is based on a list of factors.

Factors to consider “best interest”

Parents are encouraged to work together to find a resolution regarding parenting time on their own, but if they aren’t able to agree, a court will be called upon to make a decision on their behalf. A judge has the discretion to determine the best possible outcome for a child, but the child’s welfare, happiness and safety will be his or her primary concern.

In Maine, the list of factors a court will consider toward a decision for the best interest of a child is very comprehensive. The list includes:

The age of the child.

The wishes of the child if the child is old enough.

The relationship between the child and parents (and others who may affect the child’s welfare).

The duration of the child’s current living arrangements and the desire to maintain continuity.

The stability of proposed living arrangements.

The ability of a parent to provide love, affection and guidance.

The child’s adjustment to a present home, school and community.

The ability of each parent to foster a loving relationship between the child and the other parent.

The capacity of each parent to cooperate in childcare.

The ability for the parents to cooperate and work together.

The effect on a child if one parent has sole authority over their upbringing.

Any history of abuse, domestic or sexual.

Any criminal record of a parent or anyone residing with one of the parents.

The child’s health, safety and welfare.

Any other relevant factors.

Shared or sole decision-making rights

When a court grants shared parental rights and responsibilities, the parents’ rights and decision-making abilities are equal. With joint decision making, parents are expected to keep each other up-to-date on daily issues and decide major issues together – things like medical, education, religion, travel and childcare.

A court may also grant sole decision-making abilities to just one of the parents and that parent then retains the right to make all of the decisions regarding the child.

In cases of parental rights and responsibilities, there is no single answer or outcome as each case is different based on the circumstances, but a court will do everything possible to ensure the best result for the children involved.

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tag:www.shankmanlegal.com,2019:/blog//81938.35785782019-01-15T15:40:00Z2019-01-11T15:34:44Z
After a divorce, there is no surprise that your finances may have to change. You no longer have two incomes to work with, and you have to support yourself on your own. Your home may be twice as expensive without the support of a spouse, and you still have to cover all your own bills.

Before you go through a divorce, it's important to think about how a divorce will affect you financially once it's through. When you know how it will affect you, it's easier to make decisions during the divorce that will help you maintain balanced finances.

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The last thing you want to deal with is financial surprises. This is why you should sit down with your attorney to decide if you should ask for spousal support or negotiate for certain assets over others. You want to know how your taxes will be affected and what you can do to limit the financial impact of the divorce overall.

How can you help yourself avoid financial surprises after divorce?

One of the most important things to do is to budget ahead of time. You should sit down with your negotiated assets, debts and other financial factors, and work on a budget that will allow you to live comfortably. Find out how much your housing, food and other expenses will be first. Then, find out if debt will overwhelm you or be less following divorce. Know exactly how long spousal support will last if you're asking for it. Overall, be informed. With good information, you'll be better able to plan for your future.

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tag:www.shankmanlegal.com,2018:/blog//81938.35527182018-12-20T17:05:00Z2018-12-18T17:00:08Z
Divorces are different in every state, and Maine is no exception. Maine has residency requirements, no-fault grounds for divorces and other grounds you can choose.

When a divorce places you in a negative position, you might want to opt for a fault-based divorce, especially if you've been wronged by your spouse. Some faults for divorce are simple, like adultery or cruelty. You should be able to prove these things with collected documents or photographs, for example.

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Others are causes that you might not have known about before marriage that would have made you concerned, like finding out that your spouse is impotent or that they would decide not to provide for you despite having the ability to work.

Desertion for 3 years in a row as well as alcohol or drug addiction are two faults that will help you get a divorce without having to wait. However, an interesting fact about Maine is that there is no actual waiting time. You don't have to live separately for any length of time before seeking a divorce. In fact, the judge can make the divorce final immediately.

If you do decide to use a fault in divorce, make sure that you did not also commit it. If both parties commit the same or comparable faults, then the court may allow that as a defense. Forgiving your spouse may also be used against you in court if you are not cautious.

Our site has more about divorcing in Maine. Maine has unique laws that apply to your case, so it's best to learn more.

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tag:www.shankmanlegal.com,2018:/blog//81938.35114782018-11-21T20:50:00Z2018-11-16T17:20:33Z
Creating a successful parenting arrangement requires thoughtful consideration and careful planning. Here are four tips you can use to come up with the best arrangement for your situation.

Start now

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Do not hesitate to start planning a parenting strategy. You will want to have an arrangement as soon as possible so your kids can have stability and know what to expect. Without a parenting plan in place, your family will be in limbo.

Parenting plans create consistency for your children, so the sooner you work to create one, the better off your children will be.

Keep an open mind

Working with your ex to come up with an arrangement can be difficult, but it is important to keep an open mind during this process. It does not help anyone to be stubborn or selfish, least of all your children.

In order to figure out a plan that works, you will need to be open to compromise and negotiation. This might mean that you will not get absolutely everything you want in the process, but working together with your ex is good practice for co-parenting in the future.

Communicate

Similar to above, open communication is a good strategy in creating a parenting plan that works. You need to communicate with your ex in order to figure out an arrangement, but you should also talk to your kids during this time. If your kids are old enough to make decisions, you should not forget to take their needs into consideration.

This parenting plan should not only work for you and your ex, but your kids as well. Your kids have their own lives and schedules, too so do not forget to think about their activities and preferences while creating this plan.

Don’t overlook details

Parenting plans can be complicated and involve many moving parts. That said, you should not neglect to think about the many details that go into creating this plan, even though it will take time. Vacation time, after school activities and holidays are all components of a parenting plan that require thought and effort.

Creating a parenting plan is important for the stability and functionality of your family. Even though many parts of your family are changing, creating this plan quickly and effectively will help your family in many ways.

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tag:www.shankmanlegal.com,2018:/blog//81938.35101982018-11-19T20:50:00Z2018-11-15T20:51:07Z
Much like any other state in the country, anyone wanting to divorce in Maine must meet certain eligibility requirements in order to file. These are outlined in the Maine Code Revised Title 19-A, Chapter 29: Divorce.

In order to be eligible to file for divorce in Maine, the plaintiff or defendant must actually reside within the state and have done so for a period of at least six months prior to filing their petition. The plaintiff or defendant must also have been married in the state or have lived in Maine when they decided to either separate from their spouse or initiate divorce proceedings.

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A husband or wife looking to divorce their spouse can choose to end their marriage on either "no-fault" or "at-fault" grounds.

The only "no-fault" reason an individual can pursue a divorce is that the spouses have "irreconcilable differences."

There are many at-fault reasons a spouse can petition to end their marriage. Some of those reasons include impotence, cruelty, addiction, nonsupport, adultery, incapacity or desertion.

Two primary defenses are widely accepted as ways to respond when a husband or wife is sued for divorce. They can claim recrimination, which means that both were comparatively at fault. They can argue that both spouses had previously forgiven each other for their indiscretions and had moved on. This is referred to as condonation.

Individuals who are unable to get the type of divorce that they want in Maine can go to another state to legally end their marriage; however, it won't be recognized here if they do. If you get divorced in another state for a reason that is also valid in Maine, then the end of your marriage would be recognized here as well.

While couples who are facing an uncontested divorce may be able to negotiate an end to their marriage on their own, it's not always in their best interests to do so. Lewiston area Spouses who have property to divide or custody arrangements to negotiate should always have an experienced Maine divorce attorney handle their case to ensure that their interests are protected.

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tag:www.shankmanlegal.com,2018:/blog//81938.34917582018-10-31T14:00:00Z2018-10-29T14:04:11Z
There are two life events that can ruin your finances: a spouse's death and divorce. Unless you take steps to prepare for these, then you may find yourself grieving your loss while you're trying to find a way to get back on your feet financially once again. There are steps you can take to better prepare for events such as these though.

By the time one of these events occurs, it's too late to ask about what accounts exist and how to access them. This is why it's important for you to take an inventory of that information every six months while your relationship is going strong. If you keep track of the account numbers, online logins and passwords along the way, then you'll have ready access to them should your spouse file for divorce or pass away.

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You'll also want to keep on hand any homeownership documents and financial statements, including those for investment and retirement accounts. If you find out that your name isn't on your home's deed or that you're not listed as a beneficiary on other documents, then you may have your name added so that they can be seamlessly transferred to you if the unexpected occurs.

It's important that both of you have your hands involved in managing the finances during your marriage instead of just one of you. By both of you knowing what the different sources of income are and what living expenses need to be paid, it will help you be able to budget for things if you divorce or your spouse passes on.

If you remain involved in discussions with your financial planner during your marriage, then you'll have a better idea of your current financial state. You'll also be better equipped to ask them about investments that may work better for you if your life circumstances change in the future.

Being served with divorce papers or losing a spouse can cripple you financially, especially if you've long been uninvolved in your family's finances. If you become more involved in your household's money matters early, then you'll be able to better settle into a chapter in your life when it comes time to do so. A Southern Maine attorney can help you prepare to re-enter the world alone once again.

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tag:www.shankmanlegal.com,2018:/blog//81938.34843292018-10-23T15:30:00Z2018-10-19T15:28:09Z
In Maine, family law judges are responsible for making decisions that they determine to be in a child's best interests. While state laws are written where it shouldn't matter whether the child's gender is aligned with that of the parent requesting custody, there are other factors that shape custody decisions.

A judge may consider the strength of the relationship that exists between parent and child. If they're 12 or older, a judge may even ask them about their own preferences with respect to with whom they want to reside.

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For younger kids, a judge may consider your child's age as a way of determining what type of custody arrangement is most ideal for them. They'll also take into account how stable their future living arrangements would be and how easy it may be for them to adjust to their new community, home or school by making certain choices.

A family law judge will want to know more about how willing each parent is to encourage their child to grow their relationship with the other parent as well. If there's a documented history of domestic violence or child abuse, then this may make a judge unwilling to award custody to a parent previously accused of such a crime.

Any parent wishing to relocate with their child is required to give the other one at least 30 days notice before doing so. Whether a judge approves the relocation will be contingent upon the reasons given by the parent for the move.

Before custody decisions are made in Maine, both parents are generally scheduled to come in for meetings with the family law magistrate presiding over their case. During these conferences, there are often discussions of the child's welfare and how to expedite the divorce process. A southern Maine attorney can ensure that your interests are protected in these sessions.

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tag:www.shankmanlegal.com,2018:/blog//81938.34682952018-10-10T19:50:00Z2018-10-08T19:51:03Z
Oftentimes, conversations about property division during a divorce center around how couples will split up their home, car and other valuable assets. These conversations rarely center around how liabilities, such as credit-card debt, will be handled once the two of you go your separate ways. It's a discussion that the two of you will want to have, though, if you're planning to maintain your creditworthiness.

While many pieces of property can be split up in a divorce decree, credit card companies couldn't care less about what it says. All they care about is holding the cardholder accountable for paying back the debt that they owe.

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If you and your ex share joint credit card accounts, then the best thing that you can do is try to pay off the card before your divorce is finalized. If you both can reach an agreement to each pay a portion of the bill each month, then this is ideal.

Situations that are riddled with distrust may need to be handled differently. If you don't feel that you can trust your ex to reliably pay the bill each month, then you may want to contact your credit card company. When you speak with them, you may want to ask if they'll allow you to split the debt down the middle and have cards issued in your own individual names.

Whatever financial agreements you agree to, it should be documented in your divorce settlement. It should clearly spell out how the two of you will have to return to court to broker a new deal if your ex fails to make necessary payments.

Having this clearly documented may protect you if your ex chooses not to pay up or files for bankruptcy. It may give you a leg to stand on if your creditor goes after you for the debt, penalties and interest because your ex failed to pay their bill.

Having conversations about money issues, especially when you have significant debt, is bound to become contentious. In situations like these, a Southern Maine attorney may recommend mediation as the best way to protect your interests.

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tag:www.shankmanlegal.com,2018:/blog//81938.34466792018-09-23T16:16:04Z2018-09-21T19:50:34Z
Divorces involving child custody may prove confusing to both parents and children. In Maine, a standard exists that unless one spouse’s circumstances harm the health or safety of children involved, a court will determine that the awarding of joint custody lies in the best interest of children of separating parents.

After determining the best interests of the individual children, a judge will decide the duties and responsibilities that each parent must maintain if awarded joint custody. Doing so, a court can establish a schedule of allowed contact, so that each parent can refer to the court-ordered document if disputes arise. When dealing with child custody, even if a judge leans toward awarding you and your ex-spouse joint custody, you want to hire an experienced family law attorney to help you in filing all necessary documents and receiving maximum custody allowances by the court.

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Identifying individual children’s best interest

When looking at the best interest of children of divorcing parents, the court keeps the safety and security of each child in mind when determining custody. The court will reference aspects such as:

How old your children are

Your relationship and your spouse’s relationship with your children

Your children’s preferences, if old enough

Your and your spouse’s mental and physical health

Whether you and your spouse exhibit cooperation

Whether domestic abuse allegations are present

By looking at individual children, a judge consistently measures how each factor of parental responsibilities will affect the family.

Using best interest to determine parental rights

Determining parental rights and responsibilities involves an analysis of your children’s best interest and your and your spouse’s ability to provide for your children.

Awarding these rights includes court-ordered documents stating elements such as:

Where the children will reside and on what days

Which parent receives the children on holidays, and a future schedule

A pick-up and drop-off location and times

Giving both parents access to medical and school records

Child custody is the most crucial element in divorces involving children, and Maine courts recognize that awarded custody rights should not be overlooked. Determining your children’s best interests and deciding parental rights involves significant preparation and thought, but after reasonable consideration, your parenting rights and responsibilities will allow for a smooth transition into life after divorce.

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tag:www.shankmanlegal.com,2018:/blog//81938.34317902018-09-14T21:40:00Z2018-09-12T21:41:28Z
As a custodial parent, it's partially your job to foster a good relationship between your child and your ex-spouse -- even if you can't stand your ex.

Believe it or not, the court expects custodial parents to go out of their way to make it possible for non-custodial parents to have a good relationship with their children. If you don't make the effort, you could end up finding yourself on the losing end of a custody battle.

Don't get hung up on your ex-spouse's failings as a partner, a parent and a human being. Focus only on what you can do to foster a good relationship between your ex and the children -- not on what your ex does (or doesn't) do. Just keep good records so that you can show the efforts you've made if you're ever questioned.

2. Be civil to (and about) your ex

Never denigrate your ex in front of the kids and always keep your tone polite when you have to communicate with your ex. Think of your relationship at this point as a business -- raising kids -- and conduct yourself accordingly. If possible, occasionally praise your ex to the kids. Even if your ex isn't civil, you'll have no reason to regret your words in court.

3. Honor the visitation schedule in all ways

Make sure that your children are always ready to go for visitation and encourage them to enjoy themselves. You don't want them to feel guilty for being away from you. That could end up making them reluctant to be around either of you in response.

4. Stay focused on the children

Remind yourself that you aren't doing this for your ex's sake -- you're doing it so that your children grow up into healthy, happy adults.

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tag:www.shankmanlegal.com,2018:/blog//81938.33926882018-08-17T18:05:00Z2018-08-15T18:04:10Z
Transitioning bank to the single-life after your divorce can be tough, especially on your finances. This is why many divorcees end up filing for bankruptcy after the split. Around 15% of individuals who file for bankruptcy are divorced.]]>
Why does divorce lead to bankruptcy?

There are a couple of reasons why divorced individuals find themselves filing for bankruptcy, including:

Divorce is expensive: Oftentimes divorce, especially when you and your spouse are having a hard time agreeing on terms, can rack up the bills. Thousands of dollars later, you are happily divorced but in a pool of debt.

Prior debt: If, when you were married, you and your spouse accrued any debt, credit card companies can look to you to pay any debt that your former spouse does not. Similarly, if your spouse files for bankruptcy after divorce, creditors can place the remaining balance on your shoulders. This extra debt often leads divorced individuals to file for bankruptcy as well.

What type of bankruptcy do I file for?

As an individual filing for bankruptcy, you can file for two types of bankruptcy: Chapter 7 or Chapter 13.

Chapter 7 bankruptcy allows the individual in debt to essentially become debt-free without having to pay back the money owed. This type of bankruptcy is also called liquidation bankruptcy, because the bank liquidates your assets in order to pay your debt. It is important to note that child support and marital support are often not recognized in this process, meaning you would still owe this.

Chapter 13 bankruptcy helps the debtor get back on track with their finances by creating a temporary (usually 3-5 year) plan that allows you to pay off your debt. This is often called reorganization bankruptcy, as you are essentially reorganizing your financial life.

When saddled with debt from your marriage as well as divorce, sometimes filing for bankruptcy is inevitable. However, it is not the end of the world, as you can get back on track after filing for bankruptcy post-divorce.

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tag:www.shankmanlegal.com,2018:/blog//81938.33883952018-08-10T19:02:46Z2018-08-10T19:04:01Z
As life moves on from the wedding day, budgeting often becomes routine during a marriage. You may have shared financial responsibilities, or left finances up to the more financially savvy person. Perhaps neither of you were ever good at managing your money. That may be the reason you find yourself here, facing divorce.

Everyone knows divorce is expensive. However, it does not have to bankrupt you (and even if it does, it is not the end of the world, we promise!). The following five strategies can help you safeguard your financial future from the overwhelming impact of divorce.

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1. Locate your family's important financial paperwork.

As time goes on, many partners abdicate their shared role in understanding the family's finances. This is especially true if one partner loves personal finance more or has a better knack for it than the other.

When you decide to get divorced, make sure you obtain a copy of your:

Latest bank statements

Credit card statements and balances

Mortgage documents

Insurance coverage

Recent tax returns

Retirement accounts

Other financial accounts

If you manage these accounts online, make sure you know the usernames and passwords.

While you must disclose all of this information anyway during divorce, having your own copies ensures that both sides play fair.

2. Close joint accounts and open new,separate ones.

It's amazing the amount of financial damage someone can do when they are angry or hurt. Running up credit card debt, draining bank accounts, locking spouses out of joint financial investment accounts - these are all issues that could happen if your divorce becomes highly contested.

Ideally, the two of you can civilly resolve your issues without resorting to these tactics. It is still a good idea to open your own checking account and a credit card in your own name once you have officially filed for divorce. Your credit score will likely take a hit given that established accounts are likely to be closed, so opening new accounts now can start rebuilding your credit right away.

3. Start exploring your health coverage options now.

In many families, one person's health coverage covers the entire family. When you get divorced, you may need to find your own health insurance. Talk with your HR department about options through your own workplace. You can also look for coverage from the Maine Bureau of Insurance. If you have children, you will need to discuss who will claim them as dependents and budget for those costs.

4. Create your own budget and stick to it.

You will likely be moving from a dual-income budget to a single income-based budget. This might be exactly the type of freedom you want from divorce. However, it will probably require you to shift your financial priorities temporarily until you get used to living on one income. If you have not traditionally been the one to manage finances, now is the time to learn.

5. Don't be afraid to seek professional advice.

If you are new to budgeting and personal finance, there are countless resources out there to help you. However, not all of them are reputable. Be wary of unsolicited advice from well-meaning friends, coworkers and family members. You do not want to jeopardize your future by making unwise or reckless decisions. Working with your divorce lawyer, a professional financial planner or a certified public accountant can put you on the right financial path forward.

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tag:www.shankmanlegal.com,2018:/blog//81938.33838312018-08-08T15:48:47Z2018-08-08T15:47:47Z
You and your spouse divorce, but you worry about your finances as it’s been years since you worked outside of the home. You took care of the children and collectively spent the money your spouse earned. Now that you and your spouse move toward separation, you wonder how you will sustain yourself.

In Maine, spousal support may provide temporary or long-term relief to a non-wage-earning or a lower-ware-earning spouse. If divorce puts undue hardship on a spouse that earns less or nothing, he or she will not be able to provide for themselves or their children. Applying for spousal support allows for a more fair split of assets after a divorce.

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Elements of spousal support

For a spouse to receive support from his or her ex-spouse, a judge must determine specific aspects of the agreement. A court grants an order to begin spousal support with the following identifications.

The type of support awarded

The method of payments and limitations

Whether the agreement is subject to modification

The factors that the court cites as reasons for ordering the support

For many families, specific types of spousal support may prove beneficial depending on family situations, as well as the condition and abilities of each spouse. Types of support include:

General support: Offering general support occurs when one spouse earns significantly more than another spouse.

Transitional support: A court may award transitional support when a lesser-earning spouse trains or seeks education in new work to provide for themselves or their family.

Reimbursement support: Though unique, a court may award reimbursement support to equalize the distribution of finances after a divorce due to the economic misconduct by a spouse during marriage.

Nominal support: Nominal support makes sure that the court has authority to increase spousal support in the future.

Interim support: While the divorce is pending, interim support is awarded to a low-earning spouse for monetary support.

Determining spousal support amounts

A Maine court looks at multiple factors when determining the amount of alimony to be awarded. These factors include:

The length of the marriage

The ability of each spouse to pay

The age, health, and disabilities of each spouse

The employment history, education, retirement benefits of each spouse

The tax consequences of marital property

The contributions of each spouse in education, potential income

The contributions of each spouse as a homemaker

The court looks at many elements to determine the exact amount of spousal support during and after a divorce. Know that the state of Maine works to provide an equal opportunity for both spouses to support themselves and succeed after separation.